China’s trademarks should be registered before use, but it also ensures the rights of the first user. What is the scope of trademark use rights? The following points have been compiled for your answer, I hope it will be helpful to you. What is the scope of the right of first use? The scope of the right of prior use includes two aspects:

First, as far as trademarks are concerned, the first user is not allowed to change the original trademark model to make it more similar to a trademark registration. If a previous client changes the original trademark pattern to make it more distinct from the trademark registration, this change should be allowed and encouraged. "The graphics, text, tone, structure, writing style and other contents of the service mark shall not be changed, except for changes that are different from the service marks registered by others."

Second, as far as the application of goods or services is concerned, prior users can only use the original goods or services normally and cannot expand the scope of application of the goods or services.

Transfer the right to use first

The system of priority use of trademarks is the maintenance of priority use of trademarks and trademark registration. If the holder of the priority right to use is allowed to independently authorize or transfer his right to use, it will harm the competitive relationship between the holder of the priority right to use and the trademark registrant and inappropriately affect the exercise of the exclusive right to use the registered trademark.

For example, the license of prior use rights may affect the license of the exclusive right to register a trademark. "Do not allow others to use the Service or allow others to use the Service." This article agrees with the view that, in principle, the first customer is not allowed to transfer its trademark to others. However, if the first customer becomes a legal person due to merger or division, or the first customer becomes a natural person due to death, the company successor has the right to continue to use the first trademark. Essentially, the heir receives the heir's business rather than an independent priority.

Regarding the regional restrictions on the first right to use trademarks

Customer "the scope of use of service trademarks shall not be expanded." During the revision process of the Trademark Law, there is also a provision on the right to use trademarks, with regional restrictions. This article believes that the main purpose of trademark use right as a defense for trademark rights is to resist the trademark registrant's infringement request. Previous clients often use their trademarks, provided they are properly marked, to distinguish them from trademark registrations and to prevent confusion with consumers. As long as this difference is met, the interests of the trademark registrant will not be harmed.

Therefore, it is inappropriate to limit the geographical scope of previous customers’ normal use of their trademarks.